Settlement Conference Statement Template

Confidential Settlement Statement
[Case Caption]
Case No.: [Number]
Settlement Conference Date: [Date]

Submitted to: [Judge/Mediator Name]

1. Parties and Counsel

• Plaintiff: [Name], represented by [Attorney/firm].
• Defendant: [Name], represented by [Attorney/firm].
• Insurance/carrier representatives and decision-makers attending.

2. Procedural Posture

• Brief case history, pleadings filed, discovery status.
• Upcoming deadlines (dispositive motions, trial date).

3. Factual Summary

• Key facts supporting each party’s position.
• Liability theories, defenses, disputed issues.
• Evidentiary strengths/weaknesses, credibility considerations.

4. Damages Analysis

• Plaintiff’s claimed damages: economic (medical bills, lost wages), non-economic, punitive.
• Defense evaluation of damages and challenges.
• Summary of expert opinions.

5. Settlement History

• Prior settlement demands/offers with dates.
• Mediations or negotiations conducted previously.

6. Legal Issues

• Applicable statutes, case law, jury instructions.
• Likelihood of success on liability and defenses.

7. Obstacles to Settlement

• Insurance coverage disputes, lien issues, policy limits.
• Emotional dynamics, precedent concerns, principle-driven positions.

8. Proposed Settlement Range

• Plaintiff’s current demand and rationale.
• Defense’s current offer and rationale.
• Creative solutions: structured settlement, apologies, non-monetary terms.

9. Confidential Information for Neutral (optional)

• Settlement authority, bottom lines (submitted separately if required).
• Sensitive facts impacting negotiations.

10. Attachments

• Key exhibits (summaries of medical bills, damage charts, photos).
• Expert reports or valuations.

11. Certification

Counsel certifies that client representatives with full settlement authority will attend conference and have reviewed this statement.

Submitted by: ____
[Attorney Name], Counsel for [Party]
Date: __